Mr. McNerney (for
himself, Mr. Costa, and
Mr. Cardoza) introduced the following
bill; which was referred to the Committee
on Energy and Commerce

A BILL

To address the health and economic development impacts of
nonattainment of federally mandated air quality standards in the San Joaquin
Valley, California, by designating air quality empowerment
zones.

1.

Short title

This Act may be cited as the
Air and Health Quality Empowerment
Zone Designation Act of 2010.

2.

Purpose

The purpose of this Act is to establish
criteria through the use of which specific geographical areas—

(1)

shall be designated as air and health
quality empowerment zones; and

(2)

may apply for grants authorized for the
purpose of replacing or retrofitting polluting vehicles or engines (or both
vehicles and engines) in order to improve the health of the population living
in the zones.

3.

Findings

Congress finds that—

(1)

the San Joaquin
Valley faces serious air quality challenges that impact the development,
health, and economy of the Valley;

(2)

the Valley emits approximately 624 tons of
nitrogen oxides per day, and attainment of the 1997 federally mandated 8-hour
ozone standard under the Clean Air Act requires emissions of not more than 160
tons of oxides of nitrogen per day;

(3)

the Valley does
not attain the federally mandated standard for
PM2.5;

(4)

the children of
the Valley miss 188,000 school days per year, which translates to 1 in 4 of
those children experiencing a day of absence each year due to elevated ozone
levels;

(5)

approximately 460
residents of the Valley die earlier than they otherwise would due to elevated
ozone levels, and Valley residents experience 23,300 asthma attacks per year, a
rate that equals 3 times the State average and 5 times the national
average;

(6)

1
in 5 children residing in the Valley have been diagnosed with asthma;

the Federal
Government must partner with the Valley and the State to address air quality,
health, and economic development for the residents of the Valley through the
designation of the Valley as air quality empowerment zone that is eligible for
Federal grants and technical assistance.

4.

Definitions

In this Act:

(1)

Administrator

The
term Administrator means the Administrator of the Environmental
Protection Agency.

(2)

Agency

The
term Agency means the Environmental Protection Agency.

(3)

Clean Air
Act

The term Clean Air Act means the Clean Air Act
(42 U.S.C. 7401 et seq.).

(4)

PM2.5

The
term PM2.5 means particulate matter with a
diameter that does not exceed 2.5 micrometers.

(5)

Strategic
plan

The term strategic plan means, with respect to
an area, the plan contained in the application for designation of the area
under section 5.

(6)

Valley

The
term Valley means the San Joaquin Valley, California.

5.

Air quality
empowerment zone designation procedures

(a)

In
general

From among the areas nominated for designation under this
section, the Administrator may designate 1 or more areas as air and health
quality empowerment zones.

(b)

Period for which
designation is in effect

(1)

In
general

Any designation under this section shall remain in effect
during the period beginning on the date of the designation and ending on the
earlier of—

(A)

the last day of
the tenth calendar year beginning on the date of the designation; or

(B)

the date on which
the Administrator revokes the designation.

(2)

Revocation of
designation

The Administrator may revoke the designation under
this section of an area if the Administrator determines that the local air
pollution control district in which the designated area is located—

(A)

has been
designated as being in attainment with the national ambient air quality
standard for PM2.5 and ozone promulgated under the Clean
Air Act; or

(B)

is not complying
substantially with, or fails to make progress in achieving the goals of, the
strategic plan.

(c)

Limitations on
designations

No area may be designated under subsection (a)
unless—

(1)

the area is
nominated for designation by the air pollution control district with
jurisdiction over the area;

(2)

the air pollution
control district provides written assurances satisfactory to the Administrator
that the strategic plan will be implemented; and

(3)

the Administrator
determines that any information provided is reasonably accurate.

(d)

Application

No
area may be designated under subsection (a) unless the application for the
designation—

(1)

demonstrates that
the nominated area satisfies the eligibility criteria described in section 6;
and

(2)

includes a
strategic plan for accomplishing the purposes of this Act that—

(A)

describes—

(i)

the
process by which the nominated area is a full partner in the process of
developing and implementing the plan; and

(ii)

the
extent to which local institutions and organizations have contributed to the
planning process;

(B)

identifies—

(i)

the
amount of State, local, and private resources that will be available for the
nominated area; and

(ii)

the
private/public partnerships to be used (which may include participation by, and
cooperation with, institutions of higher education, medical centers, and other
private and public entities);

(C)

identifies the
funding requested under any Federal program in support of the purposes of this
Act;

(D)

identifies
baselines, methods, and benchmarks for measuring the success of carrying out
the strategic plan; and

(E)

includes such
other information as may be required by the Administrator.

6.

Eligibility
criteria

(a)

In
general

A nominated area shall be eligible for designation under
section 5(a) only if the area meets all of the following criteria:

(1)

Nonattainment

The
nominated area has been designated as being—

(A)

in extreme
nonattainment of the 8-hour ozone national ambient air quality standard
promulgated by the Administrator under the Clean Air Act; and

(B)

in nonattainment
of national ambient air quality standard for PM2.5
promulgated by the Administrator under that Act.

(2)

Agricultural
sources

The nominated area has—

(A)

emissions of
oxides of nitrogen from farm equipment of at least 30 tons per day in calendar
year 2010; or

(B)

emissions of
volatile organic compounds from farming operations of at least 40 tons per day
in calendar year 2010.

(3)

Air
quality-related health effects

As of the date of nomination, the
nominated area meets or exceeds the national average per capita incidence of
asthma.

(4)

Economic
impact

As of the date of nomination, the nominated area
experiences unemployment rates higher than the national average.

(5)

State matching
funds

The nominated area is located within a State and local area
that will match at least ½ of the funds provided by the
Federal Government under this Act.

7.

Eligible grant
applicants

Any air pollution
control district or other local governmental entity authorized to regulate air
quality in a State under the Clean Air Act may apply for a grant under this
Act.

8.

Authorization of
air and health empowerment grants

(a)

Eligibility

(1)

In
general

Each area designated as an air and health quality
empowerment zone under section 5(a) shall be eligible to receive 1 or more
grants under this section.

(2)

Amount of
grants

The amount of each grant awarded to a designated air and
health quality empowerment zone shall be determined by the Administrator based
upon a review of—

(A)

the information
contained in the applications required by section 5(d); and

(B)

the needs set
forth in the applications by those designated as beneficiaries.

(3)

Timing of
grants

With respect to each designated air and health quality
empowerment zone, the Administrator shall make—

(A)

a grant under this
section to each such zone on the date of designation of the zone under section
5(a); and

(B)

the grant under
this section to each such zone available on the first day of the first fiscal
year that begins after the date of designation of the zone.

(4)

Oversight of
grants

The air pollution control district or other local
government entity authorized to regulate air quality in an area designated as
an air and health safety empowerment zone under section 5(a) shall oversee the
use of any grant funds provided to the zone under this section.

(b)

Use of
grants

Each air and health safety empowerment zone that receives
a grant under this section shall use the grant solely—

(1)

to carry out
activities that achieve the purposes described in section 2;

(2)

in accordance with
the strategic plan for the zone; and

(3)

for activities
that benefit the residents of the zone for which the grant is made through
improved air quality and health.

(c)

Authorization of
appropriations

There is authorized to be appropriated to the
Administrator to provide grants under this section $20,000,000 for each of
fiscal years 2011 through 2015.